Northern Indiana Public Service Co. v. State

STATON, Judge.

The Northern Indiana Public Service Company (NIPSCO) presents a single issue for our review. That issue is whether NIP-SCO is a private carrier under West’s AIC 8-2-7-43.5. (Supp.1986).

Affirmed.

The stipulated facts underlying this appeal are that on April 2, 1985, Charles Lawrence, a NIPSCO employee driving a NIPSCO owned three axle tandem fuel truck, was issued a complaint and summons by an Indiana State Patrolman. NIP-SCO’s driver was cited for not having shipping papers for hazardous materials in violation of IC 8-2-7-43.5, which adopted 49 CFR 177.817 (private carriers of…